ETAF position paper on Commission's proposal on disclosure rules for tax intermediaries

While ETAF strongly supports the fight against tax fraud and is in favour of tax transparency, our Members highlight emphatically the outstanding importance of professional secrecy as a ground pillar of the profession.

In June 2017, the European Commission has decisively taken action against tax intermediaries who design aggressive tax planning schemes for their clients. For this purpose, on 21 June 2017, DG TAXUD has published a legislative proposal for a directive on tax transparency, aimed at intermediaries like tax advisers, accountants, banks and lawyers. The strict disclosure rules only concern cross-border arrangements. Tax schemes that stay within the borders of the Member States are exempted from any disclosure obligation. Tax intermediaries who are entitled to a legal professional privilege under the national law of the Member States are also exempted from this provision.

Some of the positions taken by ETAF where accepted and translated into concrete changes to the proposal, like the extension of the notification period from the originally defined 5 days to one month, as stated in the last version of the proposal.